There is an ongoing debate in academia regarding the definition of possession in criminal law,with two main perspectives:the normative possession theory and the factual possession theory.Both viewpoints have their shortcomings.According to the principle of legal order unity,different legal domains should exhibit consistency and coordination in protecting the same social relations,while main-taining appropriate conceptual distinctions.This can be concretized into guiding principles for defining possession in both criminal and civil contexts.Based on this,concepts such as quasi-possession and auxil-iary possession from civil law can be introduced into criminal law for crime determination,whereas indi-rect possession and inherited possession should not be incorporated into criminal law.For issues related to possession derived from"possession of sealed items",the principles of indirect possession and auxiliary possession can be used to address the problems of possession transfer and attribution.As for the issue of"possession of prohibited items",which is established based on the special normative purposes of criminal law and does not conflict with the principles of consistency and coordination in criminal and civil posses-sion protection,it should be upheld by criminal law.For this reason,possession in criminal law and civil law manifests itself in a partly identical and partly different intersection.
Criminal Law PossessionCivil Law PossessionUnity of Legal OrderRelationship Definition
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